Federal Communications Commission DA 05-2637

Before the Federal Communications Commission Washington, D.C. 20554

In the Matter of ) ) Mediacom Minnesota, LLC ) CSB-A-0724 ) Appeal of Local Rate Order of ) Lake Minnetonka Cable Commission ) ) ) )

Adopted: September 29, 2005 Released: October 3, 2005

By the Deputy Chief, Policy Division, Media Bureau:

1. On October 27, 2004, Mediacom Minnesota, LLC ("Mediacom") filed an appeal of a local rate order adopted by the Lake Minnetonka Communications Commission ("LMCC") on September 27, 2004.1 Prior to Mediacom’s appeal of the local rate order, Mediacom challenged LMCC’s certification to regulate Mediacom’s basic service tier ("BST") rate in a petition asserting that Mediacom is subject to effective competition.2 The Commission recently made such a finding, and, consequently, Mediacom requests that the Commission vacate LMCC’s rate order.3

2. The Communications Act provides that, where effective competition is absent, cable rates for the BST are subject to regulation by franchising authorities.4 On March 7, 2005, the Media Bureau issued an order finding that Mediacom is subject to effective competition in the communities referenced herein. A finding of effective competition exempts a cable operator from rate regulation.5 The LMCC’s certification to regulate BST rates in the referenced communities was revoked.6

3. In a supplement to its appeal of the local rate order, Mediacom indicates that it filed its effective competition petition on September 5, 2003, that effective competition existed in the referenced communities at the time of its filing, and argues that the LMCC’s certification to regulate Mediacom’s BST rates in those communities should be revoked as of the effective competition petition filing date. The LMCC adopted its rate order on September 27, 2004, more than a year after the effective competition petition was filed.

1 The local ate order was effective in the following Minnesota communities: Minnestrista (MN0562), St. Bonifacius (MN0563), Spring Park (MN0564), Minnetonka Beach (MN0565), Excelsior (MN0566), Orono (MN0567), Medina (MN0568), Shorewood (MN0570), Tonka Bay (MN0571), Long Lake (MN0572), Greenwood (MN0573), Deephaven (MN0574), Woodland (MN0575) and Victoria (MN0576). 2 Mediacom’s petition for a finding of effective competition was filed on September 5, 2003. 3 See Mediacom Minnesota LLC, Petition for Determination of Effective Competition and Revocation of Certification in Sixteen Minnesota Communities, CSR 6241-E, 20 FCC Rcd 4984 (MB 2005). ("Mediacom Minnesota LLC”). 4 47 U.S.C.§ 543(a)(2). 5 See 47 C.F.R. §76.905. 6 See Mediacom Minnesota LLC, 20 FCC Rcd 4984, 4989 (MB 2005). Federal Communications Commission DA 05-2637

4. The Commission has previously recognized the filing date of a petition submitted in support of a finding of effective competition as the effective date that a cable operator is subject to effective competition.7 We do so here as well. The LMCC cannot regulate Mediacom’s rates in the respective communities identified herein. The revocation of certification removed the LMCC’s jurisdiction to issue the rate order under appeal here. Accordingly, the LMCC’s rate order with respect to Mediacom for the communities identified herein is without force or effect.

5. Accordingly, IT IS ORDERED that the Appeal of Mediacom Minnesota, LLC from the September 27, 2004 rate order issued by the Lake Minnetonka Communications Commission IS GRANTED to the extent indicated herein and the local rate order IS HEREBY VACATED AND SET ASIDE.

6. This action is taken pursuant to authority delegated by § 0.283 of the Commission’s rules.8

FEDERAL COMMUNICATIONS COMMISSION

John B. Norton Deputy Chief, Policy Division Media Bureau

7 See Alert Cable T.V. of North Carolina, Inc., 19 FCC Rcd 80, 81 (MB 2004); Falcon Cablevision, 12 FCC Rcd 8229, 8234 (CSB 1997); Rifkin & Associates, Inc., 17 FCC Rcd 14233, 14234 (2002). 8 47 C.F.R. § 0.283. 2